Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-02-18
APPLICATION FOR PATENT.

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the record, and can neither he Withdrawn nor
returned, but must be transmitted TO the Geu
eral Land once.
An application will be rejected when the
scription OF the premises Ia erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First : The notice was published without the
knowledge Of the Register.
~Second-The notice was not published In .
newspaper designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth-A previous application had been
made for the same premises, which was with
drawn pending q suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
Where the claim was not located in accord
Ance with law.
Where several parties W separate and dis
tnct portions Of 9 claim. application for
patent may be made by either for that portion
of the claim owned by him: but where several
parties own undivided interests In : mining
claim all should Join in an application for g
patent.
A person or association may purchase as
many placer locations ~ the local Law admits,
and embrace them all in one application for .
patent.
Two or more lodes cannot be embraced in
~ ePRAseNSh PbtcAt cACcPt tOT pihEcE
claims embracing two or more loaes within
their boundaries
Papers sworn to before any person purport-
ing to act as 9 deputy for the Register and Be-
ceiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries of . town site
| q clause Is inserted "excepting and excluding
all tow property, rights upon the surface.
and all houses. buildings, structures. lots,
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
In, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made q only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and in daily
newspapers 60 days must elapse between the
frat and last insertions.
Where the Register designAtes the d ally issue
of q newspaper for publication of notices of Q
mining application for patent 1t is not 3 COM
pliAnce with Law to change to the weekly edi-
ton OF the same paper without authority Of
the Register.
The existence OF o salt spring on . tract Of
land withdrsws Ii from the operation Of the
Homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character OF such land IL not SLOWED. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
AuFtFse SlhinAutsm ubt Lie u separate AND
distinct claim against each application which
IL 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In sn adverse claim, once fled
cannot be withdrawal but becomes a part of the
record.
When an adverse claim has been filed IL can.
not be amended so "a to embrace q larger pcr.
ton of the premises til an that described in the
original adverse clsiIn.
An adverse claim must be made out in
proper form and hled in the proper local otie &c
during the period Of publication Of the appli-
cation for the patent TO be effective.
1t is the duty Of the adverse claimant o
suit in proper form within the re-
quired time, and IL he trusts the uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure TO commence suit be the result Of
the corrupt or dishonest sctlon of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
| Ing conclusions OF law, without stating the
facts specially, will no. be considered IA evil
dence.
An adverse claimant should show q compli.
snce with the local laws in recording his claim
and In regard to expenditures. and shall nile 9
copy Of the original notice OF his location, and
show the nature or extent Of the conflict
alleged.
An allegation of parties to 9 suit that they
compose the company is suflc ent. and they
are not required TO prove that they are the
original locstors or the identical par Ties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is of little. If any value, for Aeris
cultural purposes, but Is essential to the
proper development of miatDg claims. n
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
| danoQita hava haAn tpaInAAA In - ..-9.-t..--f
entry, said entry will be cancelled 81 any time
prior to Issuance of patent, upon satisfactory
evidence of the existence Of such valuable de-
posts.
where valuable deposits of mineral ara dis.
covered upon Q tract after the same ias been
en- tered as agricultural, but before 1 stent has
been issued, the parties claiming the mine
may make application for patent for same,
ana the agricultural entry viii be cancelled t.
that portion Of the land embraced By said
| mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
Issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make Q mining location
SasPose o. ~. provided he becomes . citizen
before disposing of the mine. Proof that the
party was not a citizen before disposing of hts
claim must be afirmstively shown.
Locators and intermediate owners, other
IMAM applicants. Will not be presumed aliens,
In the absence of allegation or objection prior
to issuance Of patent.
The portion Of q mining claim sold to an
alien cannot be patented while such owner is
an alien; out on his declarstions o become .
citizen his right dates back 10 his purchase
cud he may thereupon secure United stAtea
patent for his claim.
CROSS LEpoEs.
Revised Statutes. Section 2. 1886:
where TWO or more lodges cross or intersect
each other, priority Of title shall govern, and
such prior location shall be entitled to all ore
or mineral eont,ined within the space of inter.
section, but the subsequent location shall have
the right OF way through the space OF inter-
section for the purpose Of the convenient
working OF the mine. And where two or more
take the vein below the point OF union, in.
Guiding all the space Of intersection.